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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554


In the Matter of                   )      File Number EB-02-KC-783
                                                             )
Union Broadcasting, Inc.           )     NAL/Acct. No.200332560010
Licensee of:                       )
AM Broadcast Station WHB           )              FRN 0005-0276-02
AM Broadcast Station KCTE          )
Overland Park, Kansas  

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                 Released: February 18, 2003

By the Enforcement Bureau, Kansas City Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''),  we  find  Union  Broadcasting,  Inc. 
(``Union''),   licensee  of   AM  Broadcast   station  KCTE, 
Independence, Missouri and AM  Broadcast station WHB, Kansas 
City, Missouri,  apparently liable  for a forfeiture  in the 
amount of  eighteen thousand  dollars ($18,000)  for willful 
and  repeated violation  of the  terms of  the KCTE  station 
authorization and Sections 73.1745(a)  and 73.3526(c) of the 
Commission's  Rules  (``Rules'').1   Specifically,  we  find 
Union  Broadcasting, Inc.  apparently  liable for  operation 
with  modes  and during  hours  not  specified in  the  KCTE 
station  authorization and  for failure  to make  the public 
inspection file available to the public and to the FCC.

                         II.  BACKGROUND

     2.   On October  7, 1999,  the FCC, Kansas  City Office 
issued   a   Notice   of  Violation   (``NOV'')   to   Union 
Broadcasting,  Inc. for  violation  of  47 C.F.R.  73.1745.  
Specifically, station KCTE operated  with modes and hours of 
operation not specified by the KCTE station authorization.

     3.   On November 14, 2002,  the FCC, Kansas City Office 
received  a  complaint  from  a private  citizen  living  in 
Independence,  Missouri.    The  complaint   specified  that 
station KCTE frequently remained on  the air at night with a 
carrier which  interfered with the complainants'  ability to 
receive adjacent channel AM stations.  The complainant later 
stated  in  a telephone  interview  that  he had  complained 
directly to  KCTE regarding the nighttime  operation but had 
received a ``runaround.''

     4.   During  the period  of November  14?17, 2002,  the 
FCC,  Kansas City  Office monitored  KCTE, 1510  kHz in  the 
Independence, Missouri area.   This monitoring revealed that 
even though KCTE discontinued programming at approximately 5 
p.m.  and  stopped transmitting,  shortly  after  5 p.m.  on 
November 14,  and November  15, 2002, the  transmitter again 
came  on the  air at  a  reduced signal  level and  radiated 
without programming  throughout the night.  On  the night of 
November 16,  2002, transmission stopped at  approximately 5 
p.m and remained off that night.

     5.   On November  19, 2002,  an Agent with  FCC, Kansas 
City Office, spoke  with the person who  filed the complaint 
and  they confirmed  that the  station was  off the  air the 
night of  November 16, 2002,  but indicated the  station was 
back on the air the night of November 18, 2002.

     6.   On November  20, 2002,  an Agent with  FCC, Kansas 
City Office,  inspected radio stations  KCTE and WHB  at the 
main studio location for both stations at 6721 W. 121st St., 
Overland  Park,  Kansas.    This  inspection  noted  several 
violations including:

     a.   The public inspection file for both WHB and KCTE 
        was not available to the public or to the FCC agent 
        at the time of inspection.  It was locked in the 
        office of a station employee who was not present at 
        the station at that time.  According to the station 
        manager, the normal business hours for the main 
        studio are 8:00 a.m. to 5:30 p.m., Monday through 
        Friday.  The inspection occurred on a Wednesday 
        beginning at approximately 9:10 a.m. and ending at 
        approximately 11:40 a.m.  At no time during this 
        period was the public file available for inspection.

     b.   Concerning the transmitter operation at night by 
        KCTE, the station manager stated he did not know if, 
        or how, or when, transmitter readings were being 
        taken on station KCTE.  No operator was monitoring 
        the power or directional parameters, no automated 
        equipment was monitoring the KCTE transmitter, and 
        no logs were being kept of transmitter readings.  
        The last employee known to check on the transmitter 
        was the contract engineer, Ed Treese, who stated he 
        had not been to the transmitter site for the two 
        week period prior to FCC inspection, and then during 
        daytime hours only.  During inspection at the 
        transmitter site, the engineer indicated that power 
        variations had previously caused problems with the 
        timer associated with the automatic switching device 
        utilized to turn the transmitter on and off.  
        According to the station engineer, the automatic 
        switching device was supposed to turn the 
        transmitter on and place it at 500 watts for pre-
        sunrise operation at 6:45 a.m., then increase power 
        to 10kW at 7:30 a.m. for full daytime power, then 
        turn the transmitter off at 5:00 p.m.

                      III.  DISCUSSION

     7.   The KCTE  station authorization  specifies daytime 
operation  only.   Nighttime  operation is  not  authorized.   
For the month  of November, the authorized  sunrise time for 
the KCTE  transmitter location  is 7:00  a.m. (CST)  and the 
sunset time  is 5:00 p.m. (CST).    Section 73.99 authorizes 
pre-sunrise operation  beginning no  earlier than  6:00 a.m.  
The  licensee   was  not  utilizing   post-sunset  operation 
according  to  the   station  manager.   Section  73.1745(a) 
specifies that no broadcast  station shall operate at times, 
or with modes or power,  other than those specified and made 
a  part  of  the  license, unless  otherwise  provided.   On 
November 14, 2002, station KCTE transmitted on the frequency 
1510 kHz  during the  period of 6:00  p.m. to  midnight.  On 
November 15, 2002, KCTE transmitted on the frequency of 1510 
kHz during  the periods  of midnight to  6:00 a.m.  and from 
6:00 p.m. to  midnight.  On November 16,  2002, station KCTE 
transmitted on  1510 kHz from  midnight to 6:00  a.m.   Each 
listed period of  operation is in violation  of this section 
and the terms of the KCTE station authorization.

     8.   The violation of 73.1745(a) is a repeat violation.  
The licensee  was issued  an NOV dated  October 7,  1999 for 
operation  on 10  separate  dates with  broadcast times  not 
authorized by  the rules or the  KCTE station authorization.  
The latest KCTE license renewal  was issued on July 27, 1998 
with  an expiration  of  February 1,  2005.  Therefore,  the 
violations  noted in  October,  1999 and  in November,  2002 
occurred during the same license period.
     9.   Section 73.3526(c) requires  the public inspection 
file be available  for public inspection at  any time during 
regular business  hours.  On  November 20, 2002,  the public 
inspection files  for both KCTE  and WHB were locked  in the 
office  of a  station employee  and not  made available  for 
inspection  upon  request by  an  FCC  inspector.  The  file 
remained  locked  during  the  two  hour  inspection,  which 
occurred on a Wednesday  during regular business hours.  The 
file was not available to the public or the FCC.

     10.  Based  on the  evidence before  us, we  find Union 
willfully2 and  repeatedly3 violated  the terms of  the KCTE 
station authorization and Sections 73.1745(a) and 73.3526(c) 
of the Rules by operating on November 14, 15 & 16, 2002 with 
power and at  times of operation not authorized  by the KCTE 
station  authorization, and  by failing  to make  the public 
inspection  files of  both  KCTE and  WHB  available to  the 
public and the FCC.

     11.  Pursuant to Section 1.80(b)(4)  of the Rules,4 the 
base forfeiture amount for  unauthorized emissions is $4,000 
and  for  public  file  violations the  base  forfeiture  is 
$10,000.  In  assessing the  monetary forfeiture  amount, we 
must also take into account  the statutory factors set forth 
in Section  503(b)(2)(D) of the Communications  Act of 1934, 
as   amended   (``Act''),    which   include   the   nature, 
circumstances,  extent, and  gravity of  the violation,  and 
with respect to the violator, the degree of culpability, any 
history of  prior offenses, ability  to pay, and  other such 
matters  as  justice  may  require.5   Union's  unauthorized 
operation  of the  KCTE  transmitter is  repeated.  The  FCC 
notified  Union of  fifteen instances  of the  same type  of 
violation in 1999.  Therefore,  an upwards adjustment of the 
base forfeiture  for unauthorized  emissions from  $4,000 to 
$8,000  is justified.   Considering  the  entire record  and 
applying  the factors  listed above,  this case  warrants an 
$18,000  forfeiture ($8,000  for unauthorized  emissions and 
$10,000 for the public file violation).

                      IV.  ORDERING CLAUSES

     12.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,6  and Sections 0.111,  0.311 and 
1.80  of  the Rules,7  Union  Broadcasting,  Inc. is  hereby 
NOTIFIED of this APPARENT LIABILITY  FOR A FORFEITURE in the 
amount of eighteen thousand dollars ($18,000.00) for willful 
and repeated violation of Sections 73.1745(a) and 73.3526(c) 
of the  Rules by  operating station KCTE  at times  and with 
power not authorized by  the KCTE station authorization, and 
by failing to  make the public inspection  file for stations 
KCTE and WHB available to the public and the FCC.

     13.  IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Union Broadcasting, Inc. SHALL PAY the full amount 
of the proposed forfeiture or SHALL FILE a written statement 
seeking   reduction   or   cancellation  of   the   proposed 
forfeiture.

     14.  Payment of the forfeiture may be made by mailing a 
check or  similar instrument,  payable to  the order  of the 
Federal   Communications  Commission,   to  the   Forfeiture 
Collection Section,  Finance Branch,  Federal Communications 
Commission,  P.O. Box  73482, Chicago,  Illinois 60673-7482.  
The payment should note the NAL/Acct. No. and FRN referenced 
above.  Requests for payment of  the full amount of this NAL 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.8

     15.  The response,  if any,  must be mailed  to Federal 
Communications Commission, Office of the Secretary, 445 12th 
Street SW,  Washington DC  20554, Attn:  Enforcement Bureau-
Technical  & Public  Safety  Division and  MUST INCLUDE  THE 
NAL/Acct. No. referenced above.  

     16.  The  Commission  will  not  consider  reducing  or 
canceling a forfeiture  in response to a  claim of inability 
to  pay  unless  the  petitioner submits:  (1)  federal  tax 
returns for the most recent three-year period; (2) financial 
statements   prepared   according  to   generally   accepted 
accounting practices (``GAAP''); or  (3) some other reliable 
and  objective documentation  that  accurately reflects  the 
petitioner's  current   financial  status.   Any   claim  of 
inability to  pay must  specifically identify the  basis for 
the  claim  by  reference  to  the  financial  documentation 
submitted.

     17.  Under the  Small Business Paperwork Relief  Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
FCC is engaged in a  two-year tracking process regarding the 
size of entities involved in forfeitures.  If you qualify as 
a small  entity and  if you  wish to be  treated as  a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL or  in a separate filing  to be sent to  the Technical & 
Public Safety Division.   Your certification should indicate 
whether   you,  including   your  parent   entity  and   its 
subsidiaries, meet one  of the definitions set  forth in the 
list provided by the FCC's Office of Communications Business 
Opportunities  (OCBO)  set forth  in  Attachment  A of  this 
Notice of Apparent Liability.  This information will be used 
for  tracking purposes  only.  Your  response or  failure to 
respond to this question will  have no effect on your rights 
and  responsibilities  pursuant  to Section  503(b)  of  the 
Communications Act.  If you  have questions regarding any of 
the information  contained in  Attachment A,  please contact 
OCBO at (202) 418-0990.
     18.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested to Union Broadcasting, Inc., 6721 W. 121st 
St., Overland Park, KS  66209.   


                         FEDERAL COMMUNICATIONS COMMISSION

                           - Unhandled Picture -  
                         
                         Robert C. McKinney
                         Kansas  City   Office,  Enforcement 
Bureau


Attachment
                                                October 2002
                        ATTACHMENT A


                 FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any not-for-profit enterprise that is independently owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages, 
school districts, or 
special districts, with a population of less than fifty 
thousand.


(3)  Small Business
Any business concern that is independently owned and 
operated and 
is not dominant in its field, and meets the pertinent size 
criterion described below.
  

       Industry Type          Description of Small Business 
                                     Size Standards
                 Cable Services or Systems
                             Special Size Standard - 
Cable Systems                 Small Cable Company has 400,000 
                             Subscribers Nationwide or Fewer
Cable and Other Program 
Distribution                      $12.5 Million in Annual 
                                    Receipts or Less

Open Video Systems 
        Common Carrier Services and Related Entities
Wireline Carriers and 
Service providers 
                                1,500 Employees or Fewer
Local Exchange Carriers, 
Competitive Access 
Providers, Interexchange 
Carriers, Operator Service 
Providers, Payphone 
Providers, and Resellers


Note:  With the exception of Cable Systems, all size 
standards are expressed in either millions of dollars or 
number of employees and are generally the average annual 
receipts or the average employment of a firm.  Directions 
for calculating average annual receipts and average 
employment of a firm can be found in 
13 CFR 121.104 and 13 CFR 121.106, respectively.





                   International Services
International Broadcast 
Stations






                                 $12.5 Million in Annual 
                                    Receipts or Less
International Public Fixed 
Radio (Public and Control 
Stations)
Fixed Satellite 
Transmit/Receive Earth 
Stations
Fixed Satellite Very Small 
Aperture Terminal Systems
Mobile Satellite Earth 
Stations
Radio Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                             $12 Million in Annual Receipts 
                                         or Less
Low Power Television 
Services and Television 
Translator Stations
TV Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Radio Services
                              $6 Million in Annual Receipts 
                                         or Less
Radio Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Multipoint Distribution       Auction Special Size Standard -
Service                       Small Business is less than 
                             $40M in annual gross revenues 
                             for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                1,500 Employees or Fewer
220 MHz Radio Service - 
Phase I Licensees
220 MHz Radio Service -       Auction special size standard -
Phase II Licensees            Small Business is average gross 
                             revenues of $15M or less for 
                             the preceding three years 
                             (includes affiliates and 
                             controlling principals)
                             Very Small Business is average 
                             gross revenues of $3M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             controlling principals)
700 MHZ Guard Band Licensees


Private and Common Carrier 
Paging
Broadband Personal 
Communications Services          1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal            Auction special size standard -
Communications Services       Small Business is $40M or less 
(Block C)                     in annual gross revenues for 
                             three previous calendar years
                             Very Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three 
                             calendar years (includes 
                             affiliates and persons or 
                             entities that hold interest in 
                             such entity and their 
                             affiliates)
Broadband Personal 
Communications Services 
(Block F)
Narrowband Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground Radiotelephone 
Service
800 MHz Specialized Mobile    Auction special size standard -
Radio                         Small Business is $15M or less 
                             average annual gross revenues 
                             for three preceding calendar 
                             years
900 MHz Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                       N/A
Aviation and Marine Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                             Small Business is 1,500 
Public Safety Radio Services  employees or less
                             Small Government Entities has 
                             population of less than 50,000 
                             persons
Wireless Telephony and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                     N/A
Offshore Radiotelephone          1,500 Employees or Fewer
Service
Wireless Communications       Small Business is $40M or less 
Services                      average annual gross revenues 
                             for three preceding years
                             Very Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three years 

39 GHz Service
                             Auction special size standard 
                             (1996) -
Multipoint Distribution       Small Business is $40M or less 
Service                       average annual gross revenues 
                             for three preceding calendar 
                             years
                             Prior to Auction -
                             Small Business has annual 
                             revenue of $12.5M or less
Multichannel Multipoint 
Distribution Service              $12.5 Million in Annual 
                                    Receipts or Less
Instructional Television 
Fixed Service
                             Auction special size standard 
                             (1998) -
Local Multipoint              Small Business is $40M or less 
Distribution Service          average annual gross revenues 
                             for three preceding years
                             Very Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three years 
                             First Auction special size 
                             standard (1994) -
                             Small Business is an entity 
                             that, together with its 
                             affiliates, has no more than a 
218-219 MHZ Service           $6M net worth and, after 
                             federal income taxes (excluding 
                             carryover losses) has no more 
                             than $2M in annual profits each 
                             year for the previous two years
                             New Standard - 
                             Small Business is average gross 
                             revenues of $15M or less for 
                             the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
                             Very Small Business is average 
                             gross revenues of $3M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
Satellite Master Antenna 
Television Systems                $12.5 Million in Annual 
                                    Receipts or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees     Small Business is average gross 
                             revenues of $15M or less for 
                             the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
                             Very Small Business is average 
                             gross revenues of $3M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                         or Less
Radio and Television 
Broadcasting and Wireless 
Communications Equipment          750 Employees or Fewer
Manufacturers
Audio and Video Equipment 
Manufacturers
Telephone Apparatus 
Manufacturers (Except            1,000 Employees or Fewer
Cellular)
Medical Implant Device            500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                         or Less
Nursing Homes                     $11.5 Million in Annual 
                                    Receipts or Less
Hotels and Motels              $6 Million in Annual Receipts 
                                         or Less
Tower Owners                  (See Lessee's Type of Business)



_________________________

1 47 C.F.R.  73.1745(a) and 73.3526(c).

2 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed 
under Section 503(b) of the Act, provides that ``[t]he term 
`willful', when used with reference to the commission or 
omission of any act, means the conscious and deliberate 
commission or omission of such act, irrespective of any 
intent to violate any provision of this Act . . . .''  See 
Southern California Broadcasting Co., 6 FCC Rcd 4387-88 
(1991).

3 The term ``repeated,'' when used with reference to the 
commission or omission of any act, ``means the commission or 
omission of such act more than once or, if such commission 
or omission is continuous, for more than one day.''  47 
U.S.C.  312(f)(2).

4 47 C.F.R.  1.80(b)(4).

5 47 U.S.C.  503(b)(2)(D).

6 47 U.S.C.  503(b).

7 47 C.F.R.  0.111, 0.311, 1.80.

8 See 47 C.F.R.  1.1914.